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(영문) 대전지방법원 서산지원 2014.07.25 2014고단445
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents is a person who is engaged in driving B K7 cars.

On April 11, 2014, at 05:55, the Defendant continued the intersection of the private distance in front of the Dog Building, Sig-dong 4-dong, Sigjin-si, to the pawned area of literature at the Gyeyang Elementary School.

Since there is an intersection, the defendant, who enters the intersection, had a duty of care to prevent accidents in advance by temporarily stopping or slowly driving another vehicle before entering the intersection.

Nevertheless, without obtaining a driver's license, the Defendant was negligent by entering the intersection without examining the progress of other vehicles under the influence of alcohol content of 0.093%, and the Defendant did not discover the DNA rocketing car driven by the victim C (the age of 67) who is driving on the left-hand side from the right-hand side of the Defendant's running direction and received the front part of the victim's driving vehicle in the right-hand side of the Defendant's driving vehicle.

Ultimately, the Defendant suffered injury, such as fluoral salt, in need of treatment for about two weeks by occupational negligence, to the victim.

2. On January 16, 2009, the Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Gwangju District Court on January 16, 2009, and was sentenced to a fine of three hundred and five hundred thousand won for the same crime in the Seosan Branch of the Daejeon District Court on November 29, 2013.

The Defendant driven the said B K7 car under the influence of alcohol concentration of about 0.093% without obtaining a driver’s license in a section of about 700 meters in front of the said cream building from the front of the cafeteria, “gratium,” which is located in the Taedjin-si, Jin-si.

As a result, the defendant, who had driven a motor vehicle more than twice, has driven a motor vehicle while under the influence of alcohol again and has driven a motor vehicle without a driver's license

Summary of Evidence

1. Defendant's legal statement;

1. C.

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